The Bavarian data protection authority is apparently planning a fine proceeding against the use of website tracking and similar technologies on the basis of legitimate interest. In the opinion of the Bavarian data protection authority, in certain cases these tools may not be used on the legal basis of Art. 6 para. 1 lit f GDPR (legitimate interest).
Possible grounds for non-compliance:
- The controller can only carry out a complete weighing of interests if the specific circumstances of the data processing are known.
- The data may not be used for purposes other than website tracking.